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HomeMy WebLinkAboutItem 6.4 MandatoryResidGarbageSvcs (2) r~ . . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE January 13, 1992 SUBJECT: Implementatlon of Mandatory Resldentlal Garbage SerVlce ~~prepared by Paul S Rankln, Asslstant Clty Manager) EXHIBITS ATTACHED. Exhlblt 1 Exhlblt 2 / Draft Ordlnance / Proposed Second Amendment to Agreement wlth Oakland Scavenger Company RECOMMENDATION: Open PubllC Hearlng, Recelve Staff Report and Publlc (y"Testlmony, Close PubllC Hearlng, Dellberate, Walve <.1 ,(1\-' the Readlng and INTRODUCE the Ordlnance and Authorlze v the Mayor to Execute the Second Amendment to the \ Agreement FINANCIAL STATEMENT The lmplementatlon of thlS ordlnance would lmpose a new fee on resldents not currently subscrlblng to regular garbage serVlce The cost lmpact would depend upon the level of serVlce selected The mlnlmum servlce level aval1able costs $6 65 per month DESCRIPTION The Clty Councll has conceptually dlscussed the lssue of mandatory garbage serVlce The current SOlld Waste Management Ordlnance allows resldents to transport thelr own garbage to a deslgnated solld waste faclllty The current ordlnance reqUlres that thlS be done on a weekly basls and a resldent lS not authorlzed to collect SOlld waste from more than one resldentlal unlt In order to lmplement thlS change, lt wll1 be necessary for the Clty Councll to amend the SOlld Waste Ordlnance and the franchlse Agreement wlth Oakland Scavenger Company Pro.,ected Impact Llvermore-Dublln Dlsposal proJects that there are currently 435 resldences wlthout regular garbage serVlce. ThlS represents approxlmately 8% of the houslng UTIltS servlced Currently, the mlnlmum cost of dlsposlng of garbage at the nearest SOlld waste faclllty lS $8 00 If an lndlvldual uses thls faclllty once per week, the monthly cost would be $34.66. ThlS lS substantlally more than the proposed 1992 Llvermore-Dublln Dlsposal rate of $7.90 per month for a 32 gallon can lncludlng curbslde recycllng Although Staff does not have speclflc data on how non-subscrlbers dlspose of thelr garbage, some may be uSlng commerclal dumpsters or otherwlse ll1egally dlsposlng of thelr garbage The change to mandatory serVlce would dlscourage thlS practlce Reasons for ImplementlnQ Mandatory Servlce The followlng Clrcumstances warrant the lmplementatlon of mandatory garbage servlce. a AB 939 reqUlres that the Clty exert greater control and document the flow of waste generated wlthln the Clty ThlS lncludes calculatlng waste generatlon and dlverSlon practlces by sector The lmplementatlon of mandatory garbage serVlce lS lncluded In the Clty'S Prellmlnary Draft Source Reductlon & Recycllng Element b state law requlres that the Clty dlvert 50% of the waste stream from the landflll The Clty has lmplemented a curbslde recycllng program In response to thlS law In order to lncrease dlverslon, lt lS lmportant that the curbslde recycllng program be offered to each -~~------------------------------------------------------------------- ITEM NO 604 COPIES TO D Davld Dan Bar MacDonald, ose JDD _ _ _ _--=---_ _ , FI;'~ ~ . . resldent. Curbslde recycllng lS lncluded as part of the base level of serVlce wlth garbage collectlon and dlsposal c The requlrement for a mlnlmum level of garbage serVlce protects the publlc health, safety and welfare ThlS wll1 also reduce lncldents of 111egal dumplng of garbage d. The Clty Councl1 lS conslderlng the establlshment of Recycler rate, WhlCh would provlde for weekly collectlon gallon contalner for $6 65 per month ThlS provldes a optlon for those who generate small volumes of waste a Super of a 20 serv~ce e Currently, dellnquent accounts WhlCh cannot be recovered are wrltten off by the Company as an expense ThlS results In the current customers paYlng for dellnquent accounts through the rate structure Due to the proposed prOV1Slon for the Clty to collect dellnquent accounts on the property tax bl11, thlS would essentlally ellmlnate the Company's expense for dellnquencles PropOsed Ordlnance Amendment Provlded that the Ordlnance lS lntroduced on January 13, 1992 and has a second readlng on January 27, 1992, the Ordlnance wll1 become effectlve February 27, 1992 Staff has proposed In the Ordlnance that effectlve March 1, 1992, all resldentlal unlts shall subscrlbe to not less than a mlnlmum level of serVlce The amendment clearly ldentlfles that the property owner lS responslble for payment for costs assoclated wlth SOlld waste collectlon. The current Ordlnance deflnes an account as dellnquent lf the quarterly lnVOlce has not been fully pald by the second month The proposed amendment states that the Collector shall make a flnal wrltten request for payment after 30 days followlng the bl11 becomlng dellnquent ThlS request wlll grant an addltlonal 30 days prlor to any actlon to collect the amount by the Clty At thlS tlme, the Clty lS also notlfled and a 51mllar notlce lS malled by the Clty to the property Owner If the bll1 remalns unpald, the Company may flle wlth the Clty a wrltten complalnt The Clty would conduct a publlC hearlng on all dellnquent charges at least once per year for the purpose of conslderlng the collectlon of the amount on the property tax bll1 In thlS case, the Clty would be entltled to collect the amount due plus admlnlstratlve costs lncurred by the Clty. As wlth other assessments, lt would be typlcal for the hearlng to be conducted ln July or August. Slnce the provlSlons of the mandatory Ordlnance provlde the Company wlth an assurance that they wlll be compensated, the Company 15 requlred to contlnue provldlng serVlce to the resldence ThlS protects the publlC health, safety, and welfare by assurlng unlnterrupted access to regular garbage serVlce Proposed Amendments to Aqreement The Franchlse Agreement between the Clty and Oakland Scavenger Company wll1 also requlre certaln changes. Speclflcally, the method by WhlCh the Company lS relIobursed for dellnquent amounts must be addressed The proposed amendment would allow the Company to deduct from the franchlse payment due November 20th any fees WhlCh were levled as assessments on the property tax bl11 The Clty would reta1n any adm1n1strat1ve charges lev1ed by the C1ty_ ThlS allows the Company to be re1mbursed once each year for de11nquent accounts Recommendat1on Staff recommends that the Clty Counc11 conduct a publlC hear1ng, wa1ve the readlng and 1ntroduce the Ord1nance It 15 also recommended that the C1ty Counc1l author1ze the Mayor to execute the Second Amendment to the Agreement between the C1ty of Dublln and Oakland Scavenger Company a.113must agenda#7 -2- 8 @ DRAFT ORDINANCE AMENDING SOLID WASTE MANAGEMENT ORDINANCE TO PROVIDE FOR MANDATORY GARBAGE COLLECTION AND PROVIDING A PROCEDURE FOR COLLECTION OF DELINQUENT GARBAGE SERVICE BILLS CHAPTER 5 32 - DUBLIN MUNICIPAL CODE SECTION 1. Chapter 5 32 of the Dublln Munlclpal Code shall be amended as follows A The followlng deflnltlons shall be added to Sectlon 5 32 040 "Owner" means the owner or owners of real property havlng fee tltle to the property as ldentlfled In the most recent equallzed assessment roll of the Alameda County Assessor II Tenant II when used w 1 th reference to a res ldence , means any person or persons other than the Owner OccupYlng or ln possesslon of the resldence B Bectlon 5 32 080 shall be amended to read as follows 5 32 080 Removal of SOlld Waste All SOlld waste created, deposlted, kept, produced, or accumulated In, on, or about any dwe lllng , premls e s , lot or parcel of land, whether publlC or prlvate, shall be dellvered to the collector, or removed by the waste generator where permltted by Sectlons 5 32 130 and 5 32 150, at least once each week or more often lf requlred by the Dlrector unless and to the extent speclflcally exempted ln Sectlon 5 32 050 (Ord 2-86 ~ 2 (5-203)) If the Clty lS advlsed by the Collector that serVlce has not been lnltlated as provlded for hereln, or the Dlrector determlnes that addltlonal serVlce lS necessary, Clty shall glve the Owner wrltten notlflcatlon that such serVlce lS requlred If the requlred serVlce lS not lnltlated wlthln flfteen (15) days from the date of malllng of the Clty's notlce, the Clty may requlre the Collector to lnltlate and contlnue that SOlld waste serVlce for sald resldentlal unlt C Seetlon 5 32 090 shall be amended to read as follows 5 32 090 Payment of SOlld Waste Charqes The Owner or owners shall subscrlbe to and pay for SOlld waste eollectlon and dlsposal serVlees rendered by the Collector Nothlng ln thlS seetlon 15 lntended to prevent an arrangement, or the contlnuance of an eXlstlng arrangement under WhlCh subscrlptlon, or payments for SOlld waste collectlon servlce, or both subscrlptlon and payment for such servlce 15 made by a tenant, tenants, or any agent on behalf of the Owner However, any such arrangement wlll not affect the Owner's obllgatlon should such subscrlptlon or payments not be made -1- 8 ~ D Sectlon 5 32 140 shall be amended to read as follows Seetlon 5 32 140 Colleetlon Rates - DeS1Qnatlon of Mlnlmum SerVlee MaXlmum rates of eompensatlon for the collectlon of SOlld waste wlthln the Clty shall be adopted by a resolutlon of the Clty COUDCll The resolutlon shall also descrlbe the mlnlmum serVlce requlred for any resldence pursuant to Sectlon 5 32 091 lncludlng a descrlptlon of all serVlces lncluded In the mlnlmum serVlce level E The followlng new sectlons shall be added to Chapter 5 32 of the SOlld Waste Management Ordlnance 1 Bectlon 5 32 061 Use of PubllC S011d Waste Receptacles It shall be unlawful for any person to place or cause to be placed In any SOlld waste receptacle owned or malntalned by the Clty of Dublln and located upon any publlC street or publlC place, any SOlld waste matter orlglnatlng wlthln or upon any prlvate property, provlded, however, that pedestrlans or other persons uSlng sald street or publlC place shall be perml tted to deposl t In sald receptacle mlscellaneous small artlcles of waste matter carr led by them 2 Bectlon 5 32 091 Mlnlrnurn SubscrlPtlon for SOlld Waste Collectlon Requlred Ef f ectl ve March 1, 1992 , each property 1n the Cl ty sha 11 subscr1be to a rn1nlmum serVlce level For any resldence WhlCh lS not serv1ced by a commerclal bln, the mlnlmum serVlce level shall be 1dent1fled In the resolutlon requ1red 1n Sectlon 5 32 140 M1nlmum serVlce to mult1-fam1ly res1dences, commerclal, lndustr1al, and 1nstltutlonal propert1es shall be as approved by the D1rector, ln the event that central bln serV1ce lS provlded to mul tlple users on a property under slng1e ownershlp The crlterla used by the Dlrector shall assure that the level of serVlce lS adequate to protect health, safety, and publlC welfare 3 Bectlon 5 32 111 Fallure to Inlt1ate Serv1ce By March 16, 1992, for dwell1ng un1 ts occup1ed on or before March 1, 1992, and wlth1n f1fteen (15) days of occupancy for resldences occupled thereafter, the Owner shall beg1n SOlld waste collect1on serV1ce or establ1sh that the occupant 1S entltled to an exernpt10n The Dlrector shall be author1zed to grant such an exempt10n 1n accordance wlth adrnlnlstratlve procedures developed for th1S purpose At a mln1murn sald procedures shall requlre that the Owner demonstrate that no SOlld waste 15 produced or accumulated In, upon, or from such property The Owner may be requlred to perlod1cally update the lnformatlon provlded Sald exemptlon shall be revoked upon a determlnatlon by the -2- , fI D~rector that the factual bas~s for such exempt~on no longer ex~sts 4 Sect~on 5 32 112 Compla~nt of Non-Payment Upon the exp~rat~on of not less than th~rty (30) days follow~ng the t~me at wh~ch an account becomes del~nquent as def~ned ~n Sect~on 5 32 110 and the Collector has rendered serv~ce and has presented e~ther the Owner or Tenant w~th a b~ll for such serv~ce, and ~f the b~ll has not been pa~d ~n full, the Collector shall send to the Customer f~nal wr~tten request for payment Th~s f~nal wr~tten request shall ~nclude a warn~ng not~ce that lf the serv~ce charges are not pa~d w~th~n th~rty (30) days, add~t~onal steps may be taken to collect the amount owed The not~ce shall ~nclude ~nformat~on w~th respect to the posslb~l~ty of the c~ty recordlng a l~en aga~nst the property that the serv~ce was rendered, ~n the event that the c~ty ~s requ~red to pay the charges The form and content of the warn~ng not~ce sent by the Collector shall be approved by the D~rector In add~ t~on, the Collector shall cause sal-d thlrty (30) day wrltten not~ce to be malled to each Owner The Collector shall request from the Dlrector, lnformatlon ldentlfYlng the Owner to whom such descrlbed property lS assessed In the last equal~zed assessment roll ava~lable The Collector shall then notlfy the Owner of the non-payment of serv~ce charges and the posslbll~ty of the c~ty recordlng a l1en as prov~ded ln Sectlon 5 32 115 The format of sald warnlng not~ce shall be approved by the 01rector The Collector shall ma~ntaln and provlde the Olrector w~th eVldence of malllng sald notlce to the Owner 5 Sectlon 5 32 113 F~llnq of Wr~tten Complalnt by Collector Upon the explratlon of not less than thlrty (30) days follow~ng the malllng of the flnal request for payment by the Collector, and If the subJect b~ll rema~ns unpald, Collector may flle wlth the Dlrector a ver~fled wrltten complalnt, WhlCh shall contaln the speclflc allegatlons, sett~ng forth the name or names of sald Owner and/or Tenant, the address of the resldence servlced, the perlod of serv~ce, the amount due, the steps taken to secure payment and such other ~nformatlon as the D~rector may reasonably requlre 6 Sectlon 5 32 114 Contlnuat~on of Servlce Pendlng satlsfactory payment by sa~d Owner, or Tenant, or Clty pursuant to Sectlon 5 32 115 hereunder, Collector shall cont~nue to provlde unlnterrupted m~n~mum refuse collectlon serVlce to the resldence covered by the compla1nt However, sa1d Collector shall not be requITed to cont~nue to provlde such un~nterrupted serVlce If the Clty falls or 1S unable to -3- '" 8 ~ the serVIce charges as provIded for In the franchIse agreement 7 SectIon 5 32 115 Collector EntItled to Payment The Collector shall be entItled to payment from the Owner as descrIbed In thls Chapter Any fees WhlCh remaIn unpaId may be collected thereafter by the CIty as provlded hereIn (a) As scheduled and deemed approprIate by CIty, and In no case less than once per year, the Clty Councll shall conslder a report of delInquent accounts SaId report shall prOVIde a record of all InformatIon requested In the wrltten complaInt (b) CIty shall determIne the name or names of the Owner of the real property for WhICh the serVIce was prOVIded, as Identlfled In the latest equalIzed assessment roll of the County Assessor The CIty shall IdentIfy the total amount due IncludIng reasonable admlnlstratlve charges as establlshed by the CIty The CIty CounCIl shall fIX a tIme, date, and place for hearIng any obJectIons or protests thereto (c) The DIrector shall cause a notIce of the hearIng to be maIled to the Owners lIsted on the report not less than ten (10) days prlor to the date of the hearlng (d) At the hearIng, the CIty Councll shall hear any obJ ectlons or protests of Owners lIable to be assessed for delInquent fees and admInIstratIve charges The CIty Councll may make reV1Slons or correctIons to the report as It deems Just, after WhICh, by resolutlon, the report shall be confIrmed (e) The delInquent fees and charges set forth In the report as confIrmed shall constltute a speclal assessment agalnst the respectlve parcel of land and shall be a lIen on the property for the amount of such dellnquent fees and charges (f) A certlfled copy of the conflrmed report shall thereafter be flIed WIth the approprIate County Offlclal for the amounts of the respectIve assessments agaInst the respectIve parcels of land as they appear on the current assessment roll The llen created attaches upon recordatlon, ln the offlce of the county Recorder of the County of Alameda, of a certlfled copy of the resolutlon of conflrmatlon The assessment may be collected at the same tlme and In the same manner as ordInary County ad valorem property taxes are collected and shall be subJect to the same penaltIes and the same procedure and sale In the case of delInquency as prOVIded for such taxes All laws applIcable to the levy, collectIon and enforcement of County ad valorem property taxes shall be appllcable -4- ~ ~ ~ to such assessment, except that If any real property to WhlCh such llen would attach has been transferred or conveyed to a bona flde purchaser for value, or lf a llen of a bona flde encumbrancer for value has been created and attaches thereon, prlor to the date In WhlCh the flrst lnstallment of such taxes would become dellnquent, then the llen WhlCh would otherwlse be lmposed by thlS sectlon shall not attach to such real property and the dellnquent fees, as conflrmed, relatlng to such property shall be transferred to the unsecured roll for collectlon (g) The Collector may charge the Clty, at the establlshed collectlon rates, for those Owners who are dellnquent Sald charges shall cover the perlod durlng WhlCh the Collector provlded collectlon and dlsposal serVlces for the dellnquent Owner The amount of such charges shall be pald to the Collector as provlded for In the Franchlse Agreement between the Collector and the Clty SECTION ~ ThlS Ordlnance shall take effect and be ln force 30 days followlng lts adoptlon The Clty Clerk of the Clty of Dublln shall cause thlS Ordlnance to be posted In at least three (3) publlC places In the Clty of Dublln ln accordance wlth Sectlon 36933 of the Government Code of the State of Callfornla PASSED, APPROVED AND ADOPTED thlS day of January, 1992 AYES NOES ABSENT Mayor ATTEST Clty Clerk c gargord -5- - . " - '" Second Amendment Dated January 13, 1992 to Agreement Dated March 10, 1986 Between C1ty of Dubl1n and Oakland Scavenger Company Regard1ng Waste Collect1on and D1sposal Th1s amendment 1S by and between C1 ty of Dubl1n, here1nafter "CITyl' and Oakland Scavenger Company, here1nafter lICOMPANY II Rec1tals Whereas, the CITY and COMPANY have entered 1nto a franch1se agreement, here1nafter II AGREEMENT 'I for waste collect1on and d1sposal, and Whereas, the AGREEMENT 15 dated the 10th day of March 1986, and Whereas, CITY and COMPANY have executed a F1rst Amendment to sa1d AGREEMENT, and Whereas, sa1d amendment 1S change 1n the government AGREEMENT, and dated March 13, 1989 and 1t prov1des for a locat1ons rece1v1ng serV1ces pursuant to Whereas, CITY ~s undertak1ng changes to the Ord~nance, wh1ch w111 1mplement mandatory res1dences servlced pursuant to AGREEMENT, and So11d garbage Waste Management collect1on for Whereas, the proposed amendment to the Sol1d Waste Management Ordlnance requlres the COMPANY under certa1n C1rcumstances to prov1de un1nterrupted serV1ce regardless of the status of a customer's account, and Whereas, the proposed Ord1nance would 1mplement a method by wh1ch the CITY could collect certa1n de11nquent amounts, and Whereas, the change to mandatory serV1ce necess1tates certa1n changes to the AGREEMENT to prov1de for the COMPANY to obta1n de11nquent amounts collected by the CITY Now, Therefore, CITY and COMPANY do hereby agree that the AGREEMENT Between the C1ty of Dublln and Oakland Scavenger Company regard1ng Waste Collect1on and D1sposal shall be amended as follows I Sect10n 3 7 of the AGREEMENT shall be amended to read as follows Sectlon 3 7 - FRANCHISE FEE ExcluS10ns for Bad Debts The full gross revenues for Collect1on SerV1ces shall be subJect to the franchlse payment except as spec1.fJ.cally exempted In SectJ.on ..~ 8 . ~ '" .. 3 6 and as follows Bad Debt Wr~te-offs, Less Bad Debt Recoverles BAD DEBT RECOVERIES SHALL INCLUDE CREDITS TAKEN AS A RESULT OF DELINQUENT ACCOUNTS COLLECTED BY THE CITY PURSUANT TO SECTION 3 8 II Sect~on 3 8 shall be added to the Agreement to read as follows SECTION 3 8 - COLLECTION OF DELINQUENT ACCOUNTS BY CITY IN THE EVENT THAT THE CITY PURSUANT TO THE ORDINANCE REGULATING SOLID WASTE MANAGEMENT COLLECTS ANY AMOUNT OWED TO THE COMPANY, COMPANY SHALL BE ENTITLED TO RECOVER SUCH AMOUNT IN THE FOLLOWING MANNER. A PURSUANT TO THE SOLID WASTE MANAGEMENT ORDINANCE, CITY MUST CONDUCT A HEARING REGARDING THE COLLECTION OF DELINQUENT AMOUNTS OWED TO COMPANY FOR SERVICES RENDERED FOLLOWING SAID HEARING, BUT NOT LATER THAN SEPTEMBER 1 ST OF EACH YEAR, CITY SHALL NOTIFY COMPANY OF THE AMOUNT OF DELINQUENT FEES AND CHARGES IF ANY, CONFIRMED AND LEVIED AS AN ASSESSMENT ON THE PROPERTY TAX BILL THE AMOUNT REPORTED TO THE COMPANY SHALL NOT INCLUDE ANY OF THE CITY'S ADMINISTRATIVE CHARGES AND SHALL ONLY REFLECT DELINQUENT AMOUNTS OWED TO THE COMPANY B THE COMPANY SHALL BE AUTHORIZED TO DEDUCT THE AMOUNT REPORTED BY CITY UNDER (A) ABOVE FROM THE FRANCHISE PAYMENT DUE NOVEMBER 20TH OF EACH YEAR. SAID CREDIT SHALL BE CLEARLY IDENTIFIED ON ANY REMITTANCE DOCUMENTATION SUBMITTED BY COMPANY FOR CITY Peter W Snyder, Mayor ATTEST Kay Keck, Clty Clerk FOR COMPANY D Davld MacDonald, Executlve Presldent Oakland Scavenger Company a waste Management Company a gar amen agenda#7